Terms and Conditions
General Terms & Conditions for using the Web Site
1 In General
Access to and use of this Web site and the products and search services available through this Web site (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This Web site also contains links to other Web sites, Web pages and services, which are not operated by Vermeer UK Ltd (the “Linked Sites”). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to the Terms of Service. You recognise that Vermeer UK Ltd has no control over such Linked Sites and information, and you accept that Vermeer UK Ltd provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
2 Privacy policy
Under Vermeer UK Ltd ’s privacy policy we may disclose to third parties certain information contained in our Users’ registration applications, but we will not disclose your name, address, email address or telephone number unless we have informed you, been authorised by you, or are required to do so by law, subject to the Data Protection Act 1998. Our privacy policy may be found at Privacy Policy.
3 Prohibitions
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person’s trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Vermeer UK Ltd Web site.
4 Intellectual Property, Software and Content
The intellectual property rights in all content supplied to you remains the property of Vermeer UK Ltd , its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in content supplied to you as notified to you, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Vermeer UK Ltd , its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Vermeer UK Ltd site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any documentation supplied by Vermeer UK Ltd , its licencors, advertisers or content suppliers. Vermeer UK Ltd ™ is a trade mark belonging to Vermeer UK Ltd Limited. No license or consent is granted to you to use these marks in any way, and Vermeer UK Ltd reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourfully similar without the written permission of Vermeer UK Ltd Limited.
5 E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Vermeer UK Ltd are absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be Vermeer UK Ltd or in certain cases a third party. Where a contract is made with a third party Vermeer UK Ltd is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. Our returns policy. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
6 DISCLAIMER OF LIABILITY
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW Vermeer UK Ltd , ITS CONTENT PROVIDERS, ADVERTISERS OR LINKED SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEB SITE OR THE LINKED SITES, EVEN IF Vermeer UK Ltd HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. YOU HAVE READ THIS DISCLAIMER AND AGREE TO IT ON THE BASIS THAT YOU AGREE IT IS REASONABLE.
7 Indemnity
You agree to indemnify, defend and hold harmless Vermeer UK Ltd , its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Vermeer UK Ltd services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
8 Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
09 Governing Law
These terms and conditions shall be construed in accordance with English law and the courts of England OR the jurisdiction in which you are resident or domiciled (at Vermeer UK Ltd ’s election) shall have jurisdiction to resolve any disputes between you and Vermeer UK Ltd , without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the Royal Courts of Justice, Strand, London, UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that Vermeer UK Ltd have elected England as the jurisdiction.
10 Terms & Conditions for Standard Terms of Sale
Contact us for full details of our Standard Terms of Sale
email:- sales@vermeeruk.co.uk
Phone:- 01933 274400
Fax:- 01933 274403
Or write to us at:-
| Vermeer UK Ltd |
| 45-51 Rixon Road |
| Wellingborough |
| Northampton |
| NN8 4BA |